Rivkin Radler Obtains First New Jersey Federal Decision Sustaining Insurers’ Declaratory Judgment Claim Regarding Pending No-Fault BillingAugust 3, 2016 | |
Barry Levy, Max Gershenoff, John Robertelli, and Gene Kang of Rivkin Radler obtained the first-ever federal decision in New Jersey sustaining an insurer’s right to seek a declaratory judgment to the effect that it is not obligated to pay pending no-fault insurance billing that is alleged to be fraudulent.
The decision, by Judge Madeline Cox Arleo of the United States District Court for the District of New Jersey, granted reconsideration of a previous decision dismissing the plaintiff-insurers’ declaratory judgment claim with prejudice, and – on reconsideration – reinstated the declaratory judgment claim.
In her decision, Judge Arleo held that the adjudication of the insurers’ declaratory judgment claim would not interfere with the New Jersey no-fault insurance system, and that it would be inappropriate to abstain from adjudicating the claim.
Click here to read the Opinion.
Click here to read the Order.